For parents in Franklin and throughout Williamson County, navigating the end of a relationship is emotionally taxing. When children are involved, the primary concern shifts to their well-being and financial security. One of the most common questions our clients at Rogers, Shea & Spanos ask is: “How exactly is child support calculated in Tennessee?”
Understanding the “how” and “why” behind these numbers is essential for planning your future. In Tennessee, child support isn’t arbitrary; it follows a strict set of “Income Shares” guidelines designed to ensure that children receive the same proportion of parental income they would have received if the parents lived together.
The Income Shares Model: The Foundation of Calculation
Tennessee uses the Income Shares Model. This model recognizes that both parents are financially responsible for their children. The process begins by determining the Gross Monthly Income of both the mother and the father.
Gross income includes almost all forms of remuneration. Traditional forms include:
- Wages, salaries, and tips
- Self-employment income
- Bonuses and commissions
- Social Security benefits
- Workers’ compensation or unemployment benefits
- Disability and social security payments
Gross income also includes income that is not normally thought of, such as:
- Interest and dividends
- Annuities
- Net Capital Gains
- Lottery winnings
- Gifted monies or other forms of remuneration that reduce a parent’s living expenses, such as having your rent or mortgage paid for
Once both parents’ incomes are combined, the state provides a “Basic Child Support Obligation” (BCSO) table. This table estimates how much a family at that specific income level typically spends on a child.
Key Factors That Influence the Final Amount
While the BCSO table provides a baseline, several “add-ons” and adjustments specific to Franklin families often change the final number significantly.
1. Parenting Time (Days Spent with Each Parent)
The number of “days” each parent spends with the child is a major factor. In Tennessee, a “day” is defined as more than 12 consecutive hours in a 24-hour period. If a parent has the child for more than 92 days per year, they may receive a “Parenting Time Adjustment,” which can reduce their support obligation because they are presumably spending more on the child’s daily needs during their time.
2. Healthcare and Insurance Premiums
The cost of the child’s portion of health, dental, and vision insurance premiums is factored directly into the worksheet. If one parent pays the monthly premium, they receive credit for that expense under the guidelines.
3. Recurring Uninsured Medical Expenses
If a child has chronic health issues requiring regular co-pays, therapy, prescriptions, or other medically related costs, these predictable expenses can be added to the calculation as credit for the parent paying said costs.
4. Work-Related Childcare Costs
For many professional families in Franklin, work-related childcare can be a significant expense. The cost of daycare or after-school care required for a parent to work is shared between the parents proportionally based on their income.
Why Franklin and Williamson County Cases Are Unique
While the Tennessee Child Support Guidelines are uniform across the state, the financial landscape in Williamson County often presents complexities. Franklin is home to high-net-worth individuals, business owners, and executives whose income structures aren’t always straightforward.
When dealing with high-income earners (those with a combined monthly intake exceeding $30,000), the standard guidelines may reach a “cap.” In these instances, the court may deviate from the standard formula to ensure the child’s lifestyle is maintained, often requiring detailed legal arguments regarding the child’s “educational and enrichment” needs.
The Pitfalls of “Do-It-Yourself” Calculations
The Tennessee Department of Human Services provides a public child support calculator, but it is only as accurate as the data entered. Many parents unknowingly make errors by:
- Failing to properly calculate self-employment “net” income.
- Overlooking specific tax credits.
- Miscounting “days” according to the legal definition.
- Ignoring “In-Kind” income (like a company car or housing allowance)
An error in these calculations can lead to years of overpayment or underpayment, both of which can lead to legal friction down the road.
How Rogers, Shea & Spanos Can Help
At Rogers, Shea & Spanos, we bring decades of combined experience to the table. We understand that child support is more than just a spreadsheet; it is the financial framework for your child’s upbringing.
Expert Income Analysis
For cases involving business owners or complex compensation packages (RSUs, stock options, and bonuses), we work to ensure that “Gross Income” is identified accurately. We protect our clients from inflated numbers while ensuring the child’s needs are met.
Strategic Advocacy in Deviations
Sometimes, the standard formula doesn’t fit your life. Whether you are seeking a “downward deviation” due to extraordinary travel expenses for visitation or an “upward deviation” for private school tuition or special needs, we provide the evidence-based advocacy required to persuade the court.
Enforcement and Modifications
Life changes. If a parent loses a job or receives a significant promotion, the existing child support order may no longer be fair. We assist clients in Franklin with modifying existing orders to reflect their current reality.
The key factor to consider when looking at a recalculation is if the newly calculated child support obligation increased or decreased by a significant variance from the current order. This significant variance is a 15% variance from the currently ordered support obligation, except in certain specific circumstances. No modification can happen unless the new calculator is 15% different. For instance, if a current child support order provides for monthly child support payments of $1,000, the newly calculated child support must, at a minimum, increase by 15% ($1,150) or decrease by 15% ($850). Otherwise, child support cannot be modified by law.
Secure Your Child’s Future Today
Child support should not be a source of mystery or constant conflict. By working with an experienced legal team, you can ensure the process is handled with precision, fairness, and the best interests of your children at heart.
If you are navigating a divorce or a child support dispute in Middle Tennessee, contact our Franklin divorce attorneys at Rogers, Shea & Spanos. Call our office to schedule a consultation. Let us help you find a path forward that protects your rights and provides for your family.